BURLINGTON NORTHERN AND SANTA FE RAILWAY CORP. v. Dakota Missouri Valley and Western Railroad, Inc.

MEMORANDUM DECISION AND ORDER

KORNMANN, District Judge.

[¶ 1] On March 19, 2003, Burlington Northern and Santa Fe Railway Corporation (“BNSF”) filed in the Northern Division of the United States District Court for the District of South Dakota a diversity action against Dakota Missouri Valley and Western Railroad, Inc. (“DMVW”), seeking declaratory relief, injunctive relief, and damages based on DMVW’s alleged past use and potential future use of BNSF’s Aberdeen, South Dakota, interchange.

[¶ 2] On March 20, 2003, the State of South Dakota through the South Dakota Railroad Authority (“SDRA”)…